even john mccain who was quite critical in the hearing said this nomination should go through. >> right. >> well, yeah. on that point, it looks like the nomination will be confirmed. the problem is it loonlgs like there's a filibuster or attempt at a filibuster and that means democrats and the white house have to come up with 60 votes to get this through. mccain has indicated to break a filibuster. looks like they would have the votes to do that. do you think we have sort of crossed a line here, bad precedent set for future cabinet nominations? never before has there been a filibuster of a defense secretary nominee. only two rejected since 1959. nobody tried to filibuster one in that time. are we creating bad precedent? >> why the senate has the right as a senator said who is supporting senator hagel to do a filibuster. i think it would set a bad precedent because as many people often very conservative have said in this particular case, the president has the right to have who he wants as cabinet secretary as long as there's nothing egregious in the background. i think in this particular